Before Justice F. Crewe Heard on January 14, 2016. Reasons released on February 4, 2016.
Malcolm Savage for the Crown, David Genis for the accused X.C
CREWE J.: OVERVIEW [1] The applicant/accused, X.C, applies for relief pursuant to section 11 (b) of the Charter for a perceived breach of his right to a trial within a reasonable time…

Possession and trafficking of Metamphetamine, MDMA amd Ketamine

According to the RCMP, it was their biggest successful ecstasy trafficking bust in Canadian history up to 2007. John was arrested while driving his van away from a house that was a suspected ecstasy/meth lab. Approximately 35 kilos

Impaired and Over 80mg Care or Control – All charges dismissed

Tony’s Care or Control case
Background

Tony was found asleep behind the wheel of his car. When the police woke him up he was clearly drunk. He was arrested and brought to the station where he blew more than twice the legal limit. Tony was charged with Impaired and Over 80mg Care or Control. This was Tony’s third drinking and driving charge. He has been convicted twice before (while represented by other lawyers). Tony therefore was looking at…

Impaired Driving – Successfully defended based on delay

Anita’s case – Successfully defended based on delay Facts Anita was charged with Impaired Driving and Operation Over 80mg. The case looked rather desperate from the defence lawyer’s perspective. The readings were high, the investigating officers were experienced and seemingly made no mistakes. Anita however instructed David to fight until the end. Development When David accepted…

Bail Hearing – Visa student caught with $4 million worth of Ketamine

Patrick’s case – Bail Hearing Facts Patrick was detained for a bail hearing a day after a large cargo container full of Ketamine (which is a serious drug, a simple possession of which may result in a jail term) arrived to Toronto from Vancouver. Unbeknownst to the addressee, the RCMP discovered the drugs in Vancouver and were tracing the delivery in…

Impaired Driving – Accident – Charges Dismissed

Alex’s case – Impaired Driving and Accident Background – Impaired Driving and Accident The allegations were that as a result of impaired driving Alex caused a bad accident by ramming his car into two cars stopped at a stale red light. The impact was powerful. Alex and his friend (who allegedly was a passenger) were…

Impaired Operation, Leaving the Scene of the Accident and Over 80mg

Mario’s Impaired case Background Mario was charged with Impaired Operation, Leaving the Scene of the Accident and Over 80 mg. The charges were serious. Mario retained a criminal lawyer (other than David) to defend it. Shortly before his trial date Mario came to David and complained that his old lawyer is not communicating with Mario